Jurupa Partition Lawyers
The earliest European settlers arrived at the land now known as the city of Jurupa Valley in the 1870s. The city was not incorporated until July 1, 2011, and is considered the newest city in California. As a town where the homeownership rate is 68.9%, this suggests that many homes are jointly owned. Jurupa Valley residents who own property may face disputes with co-owners. Generally, the best Jurupa Valley Partition Lawyers usually find partition action to be the best remedy for disputing co-owners in four broad categories:
- Split real estate dispute;
- Brother-Sister real estate dispute;
- Investor-Investor real estate dispute; and
- Significant other real estate dispute
A top Jurupa Valley Partition Lawyer will be familiar with the provisions of partition statutes governing referees and their duties regarding their determination of lienholders’ interests. There are many situations in which the court may appoint a referee in partition actions. Referees may be appointed to determine whether a property sale and split of the proceeds will be more equitable than the division of the whole property. They also help to gather the necessary facts to determine whether to partition by division, sale, or appraisal. The best Jurupa Valley Partition Attorneys will be knowledgeable about the referee’s role in partition actions.
The court has the authority to determine whether a referee’s bond is required and adjust the bond amount. (CCP § 873.010(b)(1).) To determine whether a bond is necessary, the court looks to the circumstances of the case. (see Cal. L. Rev. Comm. Comment to CCP § 873.010.) The court may replace the referee by removing the referee and appointing a new one. (CCP § 873.010(b)(6)-(7).) In addition, the court may require the referee’s filing of interim or final accounts, settle the referee’s accounts, and discharge the referee. (CCP § 873.010(b)(5).)
The referee may perform any acts necessary to effectuate the partition with the authority given to the referee under partition statutes or a court order. (CCP § 873.060.) Upon noticed motion, the referee or any parties to the action may petition the court for instructions regarding the duties of the referee under the partition statutes. (CCP § 873.070.) The partition statutes allow the referee and parties to efficiently resolve any administrative issues that may arise in the referee’s execution of his or her duties. (see Cal. L. Rev. Comm. Comment to CCP § 873.070.) The best Jurupa Valley Partition Attorneys will be aware of the referee’s duties and authorities under the partition statutes.
In granting the relief sought or other appropriate relief to the lienholders, the judge will determine the status and priority of the liens on the property. (CCP § 872.630(a).) In determining the status and priority of the liens, the judge may appoint a referee to assist by gathering necessary facts. The court will, on application of the referee or lienholder, direct the issuance of process to compel the attendance of witnesses, the production of books, documents, or things, the filing of verified claims. The referee’s report must be in writing to the court and must be either confirmed, modified, or set aside and a new report ordered. (CCP § 872.630(b).)
At Underwood Law Firm, our Jurupa Valley Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.